Supreme Court of Illinois
Turcol v. Pension Bd. of Trs. of the Matteson Police Pension Fund, 98571
In the matter of administrative review of the denial of a policeman's application for a line-of-duty disability retirement pension, the appeal is dismissed and the cause remanded where: 1) plaintiff argued that section 3-115 of the Illinois Pension Code violates his constitutional right to due process; 2) the circuit court held that defendant-Board's finding that plaintiff failed to prove disability was not against the manifest weight of the evidence, declining to reach plaintiff's constitutional argument; and 3) the appellate court confirmed the Board's decision on a different ground and then addressed plaintiff's constitutional argument and rejected it.
Appellate Information
- Decided 04/07/2005
- Published 04/07/2005
Judges
- Justice GARMAN delivered the opinion of the court:
Court
- Supreme Court of Illinois
Counsel
- For Appellant:
- Stanley H. Jakala and Daniel P. Jakala, Berwyn, for appellant., Roger Huebner, Springfield, for amicus curiae Illinois Municipal League., Richard J. Reimer, Hinsdale, for amicus curiae Illinois Public Pension Fund Association., Thomas W. Duba, Arlington Heights, for amicus curiae Associated Fire Fighters of Illinois., Joseph Crimmins, Palatine, for amicus curiae Hoffman Estates Police and Fire Pension Funds.
- For Appellees:
- Richard J. Puchalski, Chicago, for appellee.